Lyla Lindsey
Australia's federal parliamentary system is divided into three levels of government: federal, state, and local. The Australian Constitution grants the Australian Parliament the authority to create laws in particular areas. The law-making process begins with a bill, which is a proposal for a new law or a change to an existing one. These bills are typically introduced by government ministers, but individual members of parliament can also propose their own bills. The bills are then scrutinised by Senate and House committees, who seek feedback from Australians and make recommendations to ensure compliance with human rights commitments. Once a bill is agreed upon by both the Senate and the House of Representatives, it is signed by the Governor-General and becomes an Act of Parliament, marking the point at which it comes into force as a law.
| Characteristics | Values |
|---|---|
| Number of members in Australian Parliament | 226 |
| Number of members in the Senate | 76 |
| Number of members in the House of Representatives | 150 |
| Who can propose a bill | Community, business, lobby groups, government department, political parties, parliamentary committee |
| Who can introduce a bill | Ministers, individual members of parliament (MPs) |
| Types of bills | Government bills, private members' bills, private senators' bills |
| Who administers the decisions | Chief executive officer and other non-elected employees of the council |
| Who resolves disagreements between federal and state governments | High Court of Australia |
| Who reviews the laws and provides recommendations | Australian Law Reform Commission |
| Who maintains the Commonwealth electoral roll | Australian Electoral Commission (AEC) |
| Who enforces warrants and orders issued by Victorian courts | Sheriff's officers |
| Who decides on policy and makes by-laws | Elected councillors |
| Who decides on sentencing issues | Sentencing Advisory Council |
| Who decides on health policy | Australian Health Ministers' Advisory Council |
| Who decides on laws about euthanasia | Federal Parliament |
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What You'll Learn
The three levels of government
Australia has three levels of government that work together to deliver services to Australians. The three levels are federal Parliament, state and territory parliaments, and local councils. Each level of government has its own executive that puts laws into action.
The federal Parliament, located in Canberra, the nation's capital, makes laws for the whole of Australia. The leader of the federal government is called the Prime Minister. The Senate and the House of Representatives review, debate, and vote on proposed laws. The Senate is also referred to as the 'state's house' or the 'house of review'. Representatives elected to the Senate are called senators, and they represent a whole state or territory. There are 12 senators for every state and two senators for each territory. Federal government responsibilities include foreign affairs, social security, industrial relations, trade, immigration, currency, and defence.
State and territory parliaments are located in the capital cities of each of the six states and two territories. Representatives elected to state parliaments are generally known as 'Members' - Members of the Legislative Assembly (MLA), Members of the House of Assembly (MHA), or Members of the Legislative Council (MLC). The leader of a state government is called the Premier. The Northern Territory and the Australian Capital Territory have a different arrangement, with each territory parliament having one house called the Legislative Assembly. The leader of each territory government is called the Chief Minister. State and territory government responsibilities include justice, consumer affairs, health, education, forestry, public transport, and main roads.
Local councils are located in each local council division. Councillors decide on policy and make by-laws for their community at council meetings, which are then administered by the chief executive officer and other non-elected employees of the council. Local governments receive part of their income in grants from federal, state, and territory governments, and also raise their own money from local taxes. Local government responsibilities include local road maintenance, garbage collection, building regulations, land subdivisions, public health, and recreation facilities.
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The law-making process
Australia has three levels of government: federal, state, and local. The law-making process in Australia involves the coordination of these three levels of government. The federal Parliament, comprising the Senate and the House of Representatives, is responsible for making federal laws. The Australian Constitution outlines the law-making powers of the federal Parliament, with Section 51 listing 39 areas over which it has legislative authority. State parliaments can refer matters to the federal Parliament, requesting them to make laws on issues that are typically state responsibilities.
After the first reading, the bill undergoes further scrutiny and debate. Senate and House committees investigate the bill, seek feedback from Australians, and make recommendations. The Joint Committee on Human Rights also reviews all bills to ensure they align with Australia's human rights commitments. This process allows for a thorough examination of the proposed legislation and provides opportunities for public input.
For a bill to become a law, it must be agreed upon by both the Senate and the House of Representatives. Once passed by both houses, the bill receives Royal Assent, where it is presented to the Governor for approval. Upon receiving Royal Assent, the bill becomes an Act of Parliament and comes into force as a law. In the Commonwealth, if no commencement date is specified, the Act typically comes into force 28 days after Royal Assent.
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The role of the Australian Constitution
The Australian Constitution plays a pivotal role in the law-making process in the country. It establishes a federal system of government, outlining how laws are made and how power is distributed between the federal, state, and territory governments. This division of powers is a fundamental principle in maintaining the rule of law for all Australian citizens.
The Constitution defines the role of federal parliament and how powers are shared between the legislature, executive, and judiciary, ensuring that no single branch of government holds absolute power. This is known as the separation of powers, with the three branches being the Legislature, Executive, and Judiciary. The Constitution provides a mechanism for resolving disputes that may arise between different levels of government, such as in the areas of health and education.
Sections 51 and 52 of the Constitution describe the law-making powers of the federal parliament. Section 51, in particular, lists 39 areas over which the federal parliament has legislative power. It also allows state parliaments to refer matters to the federal parliament, requesting federal intervention in issues that would otherwise be a state responsibility.
The Constitution also protects the independence of the judiciary by outlining the tenure and terms of service for judges. This ensures that the laws made by the Legislature and the actions of the Executive are lawful and consistent with the Constitution.
The Australian Constitution, therefore, serves as the foundation for the country's legal system, defining the roles and responsibilities of the different levels of government and providing a framework for law-making and dispute resolution.
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The Senate and House of Representatives
The Australian Parliament consists of the Senate and the House of Representatives, with 76 and 150 members, respectively. The Senate is the upper house, while the House of Representatives is the lower house. The House of Representatives' composition and powers are outlined in Chapter I of the Constitution of Australia.
The Senate plays an active role in legislation, modelled after the United States Senate, giving equal representation to each state and almost equal powers with the lower house. This was done to ensure that less populous states have a say in Parliament while maintaining the traditional review functions of upper houses in the Westminster system. The Senate cannot introduce or amend appropriation bills (bills that authorise government expenditure) or bills imposing taxation; it can only approve, reject, or defer them.
The House of Representatives, on the other hand, is where appropriation bills are introduced and amended. The leader of the party with a majority in the House typically becomes the Prime Minister, who then nominates other members of the government party in both Houses to become ministers.
The number of seats in the House of Representatives is required to be nearly twice the number of senators to maintain the power of the Senate relative to the House. This “nexus provision” ensures that the smaller states have a stronger representation in the lower house.
The Senate and the House of Representatives work together with the federal, state, and local executives to solve complex problems and create uniform national laws.
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The National Cabinet
In addition to its response to the pandemic, the National Cabinet has also addressed other issues. In May 2020, the New Zealand Prime Minister, Jacinda Ardern, joined a meeting to discuss the economic benefits of trans-Tasman travel between the two nations. The National Cabinet has been criticised for its secrecy, with meetings held using secure video conferencing during the height of the pandemic.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law. For a bill to become a law, it must be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General. It can take months or even years for a bill to become a law, but most bills take 2 to 3 months.
Ideas for new laws can come from various sources. A government department may flag a problem to its minister, who will then request a bill to be written to address the issue. A community, business, or lobby group may also suggest changes or improvements to a law to members of parliament. Political parties also have their own ideas about how Australia should be governed, and they introduce bills to put their ideas into action.
The High Court of Australia can resolve disagreements between the federal and state governments over their law-making powers. If a law is contested, the High Court determines whether the Constitution gives the relevant parliament the power to make the law.
